James M. Redwine

Henry David Thoreau

The Prairie Sirens

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Peg and I like living in the country. Our nearest neighbor’s residence is within sight but not sound. Even the occasional gunshot is but a faint report. No one just walks over as they used to when we lived in town. Of course, with ’Ole 19 raging no one would do so in town either. So town living resembles country living for now. Perhaps a few million vaccinations will reprise neighborliness. Although I find myself gradually becoming acclimated to the solitude. I do not believe I am as yet completely misanthropic but I can sense the progression toward it. Even the occasional arrival of a UPS or FedEx driver now causes an initially negative reaction. There was a time such an event brought forth excitement. Now not so much. My current reaction is more like someone whose emersion in a good book is interrupted by his or her spouse’s request for attention to some task in need of immediate attention. Really, is there anything going on in our COVID-19 world that cannot wait? After all, if Congress and the president do not deem matters essential, why does Peg?

Anyway, life on the prairie in winter, especially during the pandemic, has a baleful bucolia about it. One is aware of the potential for evil in the outside world but the solitude insulates the senses from it. One begins to gradually retreat from the angst brought on by the cacophonous environment that assaults us every time we interact with our complex culture. On the prairie such things as politics and boorish behavior recede from one’s daily consciousness. If a person can detach him or herself from television, self-delusion can seep through the veil of awareness. Maybe 2020 was a bad dream and merely the detour we have had to take to get to the future.

But the sirens of prairie reverie can lull us into hopes that if we ignore the world it will leave us alone and, more importantly, that all will be well. It is similar to our hopes that by eating only chocolate we can lose weight or that more wine is the answer to depression. When the chocolate and wine are gone our clothes still will not fit and our problems remain. As we learned from Henry David Thoreau (1817-1862), simple living and a desire to eschew government do not result in solutions to complicated societal problems. The hard work of day-to-day living and operating a country cannot be accomplished by wishing it so from the prairie. Somebody has to turn on the lights.

I may find myself drifting toward a desire for a reclusive Elysian prairie existence, but I expect hard scrabble involvement will be called for, at least by millions of other citizens, if I want to continue to enjoy my detachment.

On JPeg Osage Ranch

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Henry David Thoreau (1817-1862) sought wisdom in living simply on Walden Pond outside Concord, Massachusetts just twenty-five miles from Boston. Thoreau spent two years there in a hut he built himself. Part of the wisdom he imparted then that speaks to our COVID 19 society now was the observation that government is best that governs least and less can be more in many aspects of life.

Since March 5, 2020 Peg and I have discovered that as long as the computers keep turning out our Social Security checks and Medicare continues to cover us a great deal of government is superfluous, at least for us. We used to dine out regularly and occasionally engage in person with friends and family. If the UPS driver is excluded, we are now as though on an unknown archipelago where armadillos play the role of giant sea turtles, coyotes stand in for killer orca whales, rattlesnakes imitate Komodo dragons and mooing cattle provide cacophonous concerts. We no longer commune in coffee shops and cafes but find ourselves quietly hiking up the rocky tor we call JPeg Peak or around the cloudy pond down from our cabin. Our interaction that once was among friends, family and general society is now almost solely between us. And while I have never considered myself misanthropic, I find solace in the absence of unlimited casual connections. Also, after lifetimes of sowing and sometimes reaping crops of worldly goods we are less compelled to further heed those siren calls. Our satisfaction is now found among non-speaking species and sweat producing projects where the rewards are temporary fatigue and long-term practicality. Netflix is our new opiate along with the rest of the socially distanced masses and George Orwell’s Newspeak dominates public discourse through the TV.

Our government that only a few months ago considered itself so essential to most aspects of our lives that it always took our tax tribute and sometimes rewarded us with services now declares its services suspendible until further notice but still collects the tribute. One might wonder if we could not permanently forego many of these costly bureaucracies whose only purpose may appear as “noisy gongs or clanging cymbals”, (1 Corinthians 13). When our government buildings lock us out for months at a time we may find there is no need to completely reopen them. Perhaps the trillions of treasure our government borrows from countries such as China could be reduced to levels that our grandchildren can afford to repay long after we have matriculated.

Neither Thoreau nor I call for a complete lack of government or society but instead better versions of both. As we gradually and carefully emerge from our individual Waldens perhaps we should take this opportunity to reevaluate what parts of our government and our general culture actually serve us. After all, what some may find to be the bitter medicine of isolation we are forced to take may not have just negative side effects if we properly apply the lessons taught by history.

It is not only our various tiers of governments, local to federal, that have exposed much of their avoirdupois by doing us the favor of shutting us out. Many businesses and other organizations have been forcefully confronted with the reality that much of what they do can be done better with less expense and fewer people or need not be done at all.

As we face the possibility that COVID 19 may give us few choices and all of those bad, perhaps we can salvage some good from our situation. Just as President Lincoln used the horror of the four years of the Civil War as the means to end slavery when he had not been able to persuade America to do so earlier, maybe we can take the harsh punishment of the Coronavirus and emerge with a more productive and more egalitarian society. Some experts estimate it will take up to four years to develop an effective, safe and universally deliverable vaccine. The most hopeful estimate is twelve months from January 2020.

When it comes to treatment we have a shorter estimated timeline but still will have several more months to go. Of course, any treatment has to be deliverable on a wide basis. If we soberly consider the scientific opinions, we probably have to conclude that our most reasonable currently available option is to institute and maintain social distancing for several more months and maybe for up to four years. Of course we can decide that approach is of more harm to us than the virus is. In that event we might concentrate on categorizing different at-risk groups and then apply different procedures to each one.

For example, Peg and I are in our seventies and our children, grandchildren and great grandchild are not. Maybe Peg and I should take the responsibility for our own health and proceed accordingly. If we were at war folks such as Peg and I would be the draftee soldiers and the rest of the country would support us with supplies and care as the non-soldiers, the less vulnerable members of society, carry on with their lives. As a country we have generally accepted that we are at war with this enemy. Perhaps we should address this fight as we would have in World War II. Peg and I have already volunteered by isolating since the beginning of March and believe it is our obligation to continue to do so until it is safe for us not to.

As the generation who benefitted most from the great sacrifices of the World War II generation, the Greatest Generation, we see it as fitting that we take our turn. And, frankly, a Walden Pond, or JPeg Osage Ranch, lifestyle is a lovely respite. We look forward to once again joining the rest of the less vulnerable society when science shows us the way. In the meantime we express our best wishes to those who can more safely join into all those social activities that Peg and I have already enjoyed for many years. That is, if that is their choice and they can safely do so.

Mayberry We Miss You

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In December 1991 my family and I ate at Luby’s Cafeteria in Killeen, Texas. There was no trace of the bodies, blood and shattered glass from the October 16, 1991 mass shooting. We still felt their presence. Although I remembered the city riots of the 1960’s and 70’s and had closely followed the violence of 1968, the utter randomness of the Luby’s murders stoked more personal concerns. To slaughter people one did not even know struck me as much more horrendous than the misguided criminal actions of zealots.

While America’s 20th century experience with deadly violence from 1900 up to the 1960’s was extensive and tragic, as Jasmine Henrique reported in her article Mass Shootings in America: A Historical Review (Global Research News, 2013), the victims were almost always members of the killer’s own family or were the unfortunate object of a felonious act such as a specific, intentional robbery that was committed in secret. However, in most of the last half of the 20th century and the first nineteen years of the 21st century America has endured public mass killings of persons who were strangers to their murderers.

Memories of Luby’s came back to me as I participated in an internet class on judge and courthouse security taught by my friend and fellow faculty member Judge D. Neil Harris from Mississippi. Judge Harris along with other faculty of the National Judicial College including me are teaching a six-week course to seventeen judges from across America. Of course, it is not just the judiciary that needs to be concerned about security.

If you recall, when this course on general judicial topics started three weeks ago I suggested in this column there was much we modern judges could learn by examining how courts and judges arose originally. That is when humans considered net-working to be making friends with the folks in neighboring huts. As for court security in those bygone days about all that was required was for the judge to treat people who came to court as the judge would want to be treated. This worked pretty well until the world began to fill up with people who were not comfortable living in a smaller area.

But now, as William Wordsworth (1770-1850) might say, “The world is too much with us”. Or as Henry David Thoreau (1817-1862) might have nostalgically wished if he were in charge of courthouse security, “That security system is best that restricts the least”. Unfortunately, we can no longer simply return to nature. The world has moved on.

Whereas in 1950 there were 151 million people in the United States and it seemed space was infinite, in 2019 we have 327 million and it has become difficult to stretch out. Mayberry, our TV town of 2,000, has metamorphosed into what feels like a megalopolis from sea to sea and from Mexico to Canada. Sheriff Taylor, who did not even carry a gun, ordered Deputy Barney Fife to carry only one bullet and keep it in his shirt pocket.

It may be that over population has impacted our behavior. Dr. John Calhoun (1917-1995) studied population density using lab rats as subjects. While many other scientists point out humans are not rats and are more able to adapt as conditions change, it may be our precipitous increase in mass shootings of random victims has come about as, at least, a partial result of population density. In their analysis of Calhoun’s theories, Doctors Edmund Ramsden and Jon Adams in their article Escaping the Laboratory: The Rodent Experiments of John B. Calhoun & Their Cultural Influence (Journal of Social History, Spring 2009) stated:

“As population density (of the rat city) increased it became evermore difficult for an individual to control the frequency of social contact. The result was unwanted interaction, leading to adverse reactions such as hostility and withdrawal, and ultimately, to the type of social and psychological breakdown seen during the latter stages in his (Calhoun’s) crowded pens.”

To solve a problem it helps to understand the cause of the problem It may be there are more valid causes for mass shootings than increasing population density. If so, they should be defined. However, if our teeming mass of humanity is contributing, we should address it and use our Homo sapiens adaptability to assuage the carnage. Regardless, whatever the etiology of increasing societal, including courthouse, violence there is no doubt is is occurring.

As reported by Timm Fautsko, Steve Berson and Steve Swensen of the National Center for State Courts and the Center for Judicial and Executive Security, there were 199 incidents of courthouse violence from 1970-2009 with an increase noted each decade. As they posited:

“We live in a time when threats against judges and acts of violence in courthouses and courtrooms are occurring with greater frequency than ever before.”

As much as I yearn to return to Mayberry and rely upon my mother’s stated advice, “Jimmy, just be nice”, the evidence overcomes the myth. Society, including the judicial system, must face the reality of a 21st century world. Security is necessary. That is why the Indiana Supreme Court in its Administrative Order AD19 requires each county court system to develop a security plan, seek approval for that plan, implement that plan and update the plan every two years.

I do not like it and my guess is neither does the Supreme Court. However, I, and I believe they, know it is necessary.